To amend section 544 of title 28, United States Code, relating to the bonds of Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsections (a) and (b) of section 544 of title 28, United States Code, are amended to read as follows: (a) Every United States marshal, including any marshal appointed to serve during a vacancy, shall be bonded in the sum of $20,000 for the faithful performance of duty by himself and his deputies during his continuance in office and by his deputies after his death until his successor is appointed and qualifies. (b) The Attorney General may require the United States marshal for the southern district of New York to be bonded in a sum not exceeding $75,000 and any other United States marshal to be bonded in a sum not exceeding $40,000. Approved September 2, 1958. (430) U.S. Marshals. 62 Stat. 911. 85th Congress, H. R. 4642 September 2, 1958 AN ACT To establish a Commission and Advisory Committee on International Rules of Judicial Procedure. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, ESTABLISIIMENT OF THE COMMISSION ON INTERNATIONAL RULES OF JUDICIAL PROCEDURE Commission and SECTION 1. There is hereby established a Commission to be known as the Commission on International Rules of Judicial Procedure, hereinafter referred to as the “Commission”. PURPOSE OF THE COMMISSION a Sec. 2. The Commission shall investigate and study existing practices of judicial assistance and cooperation between the United States and foreign countries with a view to achieving improvements. To the end that procedures necessary or incidental to the conduct and settlement of litigation in State and Federal courts and quasi-judicial agencies which involve the performance of acts in foreign territory, such as the service of judicial documents, the obtaining of evidence, and the proof of foreign law, may be more readily ascertainable, efficient, economical, and expeditious, and that the procedures of our State and Federal tribunals for the rendering of assistance to foreign courts and quasi-judicial agencies be similarly improved, the Commission shall (a) draft for the assistance of the Secretary of State international agreements to be negotiated by him; (b) draft and recommend to the President any necessary legislation; (c) recommend to the President such other action as may appear advisable to improve and codify international practice in civil, criminal, and administrative proceedings; and (d) perform such other related duties as the President may assign. MEMBERSHIP OF THE COMMISSION Sec. 3. (a) The Commission shall consist of nine members. The President shall appoint five members, three of whom shall be public members and two of whom shall be officials of State government whose positions give them knowledge of judicial and quasi-judicial procedures in the States. The Secretary of State shall appoint two representatives of the Department of State and the Attorney General shall appoint two representatives of the Department of Justice. The Commission shall elect a chairman from among its members. (b) Vacancies in membership of the Commission shall be filled in the same manner as in the case of original designation. (c) Seven members shall constitute a quorum. (d) Members of the Commission who are appointed by the Secretary of State and the Attorney General shall serve without compensation in addition to that received for their services in the Government. (e) The public members of the Commission shall each receive $50 per diem when engaged in the actual performance of duties vested in the Commission, plus reimbursement for travel, subsistence, and other expenses incurred by them in the performance of such duties. 72 Stat. 1743. 72 Stat. 1744. (f) Service of an individual as a member of the Commission or employment of an individual by the Commission shall not be considered to be service or employment bringing such individual within the provisions of sections 281, 283, 284, 434, or 1914 of title 18 of the 62 Stat. 697, United States Code, or section 190 of the Revised Statutes (5 698, 703, 793. U.S. C. 99). THE DIRECTOR AND STAFF Sec. 4. (a) The Director of the Commission shall be appointed by the Commission without regard to the civil-service and classification laws, and his compensation shall be fixed by the Commission without 63 Stat. 954. regard to the Classification Act of 1949, as amended. 5 USC 1071 (b) The Director shall serve as the Commission's reporter, and, note. subject to the direction of the Commission, shall supervise the activities of persons employed under the Commission, the preparation of reports, and shall perform other duties assigned him within the scope of the functions of the Commission. (c) Within the limit of funds appropriated for such purpose, individuals may be employed by the Commission for service with the Commission staff without regard to the civil-service and classification laws, and services may be procured as authorized by section 15 of the 60 Stat. 810. Act of August 2, 1946, as amended (5 U. S. C. 55a), but at rates for individuals not in excess of $50 per diem. ESTABLISHMENT OF THE ADVISORY COMMITTEE Sec. 5. (a) There is hereby established a committee of fifteen members to be known as the Advisory Committee on International Rules of Judicial Procedure (hereinafter referred to as the “Advisory Committee”), to advise and consult with the Commission. The Advisory Committee shall be appointed by the Commission from among lawyers, judges of Federal and State courts, and other persons competent to provide advice for the Commission. (b) Members of the Advisory Committee shall not be deemed to be officers or employees of the United States by virtue of such service and shall receive no compensation. Members of the Advisory Committee who are not otherwise officers or employees of the United States shall be entitled to travel and subsistence expenses as authorized by section 5 of the Administrative Expenses Act of 1946, as amended 60 Stat. 808. (5 U. S. C. 73b-2), for persons serving without compensation, in accordance with the provisions of the Travel Expense Act of 1949, as. 63 Stat. 166. amended (5 U. S. C. 835–842). GOVERNMENT AGENCY COOPERATION SEC. 6. The Commission is authorized to request from any department, agency, or independent instrumentality of the Government any information it deems necessary to carry out its functions under this 72 Stat. 1744. Act; and each such department, agency, and instrumentality is author72 Stat. 1745. szed to cooperate with the Commission and, to the extent permitted by law, to furnish such information to the Commission, upon request made by the Chairman or other member designated to act as Chairman. ADMINISTRATION Sec. 7. (a) For administrative purposes only, the Commission and the Advisory Committee shall be attached to the Department of 72 Stat. 1745. (b) The Commission shall render to the President annual reports Reports to for transmission to the Congress. Congress. The Commission shall submit its final report and the Commission and the Advisory Committee shall terminate and wind up their affairs prior to December 31, 1959. AUTHORIZATION OF APPROPRIATIONS SEC. 8. There are hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, such amounts, not to exceed a total of $75,000, as may be necessary to carry out the provisions of this Act. Approved September 2, 1958. Public Law 85-918 September 2, 1958 To amend the Act of September 7, 1957 (71 Stat. 626), providing for the estab lishment of a Civil War Centennial Commission. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That section 9 of the joint resolution of September 7, 1957 (71 Stat. 626), entitled “Joint resolu- 36 USC 749. tion to establish a commission to commemorate the one hundredth anniversary of the Civil War, and for other purposes”, is hereby amended to read as follows: 72 Stat. 1769. “Sec. 9. There is hereby authorized to be appropriated such sums 72 Stat. 1770. as may be necessary to carry out the provisions of this joint resolution, not to exceed $100,000 in any one fiscal year.” Approved September 2, 1958. 85th Congress, H. R. 9817 72 Stat. 1770. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1402 Corporations. of title 28, United States Code, is amended to read as follows: Tax refund “(a) Any civil action against the United States under subsection suits. 62 Stat. 937, (a) of section 1346 of this title may be prosecuted only: "(1) Except as provided in paragraph (2), in the judicial district 933. where the plaintiff resides; “(2) In the case of a civil action by a corporation under paragraph (1) of subsection (a) of section 1346, in the judicial district in which is located the principal place of business or principal office or agency of the corporation; or if it has no principal place of business or principal office or agency in any judicial district (A) in the judicial rict in which is located the office to which was made the return of the tax in respect of which the claim is made, or (B) if no return was made, in the judicial district in which lies the District of Columbia. Notwithstanding the foregoing provisions of this paragraph a district court, for the convenience of the parties and witnesses, in the interest of justice, may transfer any such action to any other district or division." Approved September 2, 1958. Public Law 85-928 85th Congress, S. 4096 September 6, 1958 AN ACT 72 Stat. 1783. To amend section 4201 of title 18, United States Code, with respect to the annual rate of compensation of members of the Board of Parole. Be it enacted by the Senate and House of Representatives of the United States of Å merica in Congress assembled, That section 4201 of title 18, United States Code, is amended by deleting the second sentence 64 Stat. 1085. thereof and substituting in lieu thereof the following sentence: The annual rate of basic compensation of each member of the Board shall be $17,500. Approved September 6, 1958. |
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